I commend the PowerPoint presentation "The Evolution of the False Claims Act and Anti-Kickback Allegations and Theories of Liability in FCA Litigation" posted today by Antonia Giuliana on the FCA Alert blog. Her presentation (1) discusses how the legal standards applicable to the Anti-Kickback Act and False Claims Act ("FCA") have changed, especially as a result of the 2010 Patient Protection and Affordable Care Act amendments and the use of Anti-Kickback claims as a basis for "false certification" theories of liability; (2) how kickback allegations have evolved in FCA cases for the period of 1995 - 2009 along with a helpful chart; and (3) uses the case of US ex rel Jamison v. McKesson Corp. et al., (N.D. Miss) to illustrate the application of the Anti-Kickback Act to a False Claims Act case. This is a useful primer on the subject.
by A. Brian Albritton
March 27, 2012